Legal Question in Criminal Law in Colorado

Marijuana/Alcohol Ticket
Last night I was stopped by the campus security at the University of Colorado at Boulder. They assumed I was drunk, and also assumed I was carrying more alcohol in my backpack. They were actually correct in their assumptions, as they searched my backpack and found more liquor. Also they found a little bit of marijuana and a pipe. So they called the police. They police officer wrote me a ticket for a minor in possession, possession of marijuana less than an ounce, and paraphernalia. This is a first time offense, so they said it shouldn't be too serious. I have a court date in June, and was wondering how I can go about getting the charges dropped.

Asked on 4/24/09, 11:09 am

3 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

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Re: Marijuana/Alcohol Ticket

Unless the kampus kops had a legal reason to stop you, all the evidence they gathered may be the product of an illegal search; if so, the charges should be dismissed. But if you told the cop you'd been drinking, and consented to the search of your backpack, you're SOL. If that's the case, you'll likely be offered a diversion on the MIP, and possibly a dismissal of the rest. Good luck.

Answered on 4/24/09, 8:28 pm

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Marc Milavitz The Alternative Law Office of Marc Milavitz

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Re: Marijuana/Alcohol Ticket

You need to fight the legality of the stop and search of your backpack. If a judge decides that it was unconstitutional for the campus security to stop you and search your backpack, then all of the evidence found in you backpack cannot be used against you in court and the case would be dismissed. This type of illegal behavior by the security should always be challenged or they will continue to act in this way. Please let me know if I can be of help, as I have successfully litigated a large number of these types of cases.

Answered on 4/24/09, 11:45 am

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